If you were looking for a fresh reminder as to why Vote-by-Mail is a terrible idea, why provisional ballots are not the same as actually casting a vote, and why there needs to be more accountability for and oversight of election officials, today's BradCast on KPFK/Pacifica Radio should fit the bill.

In short, we cover the election contest now pending in the race for City Council (Seat 1) in the San Diego County city of Chula Vista, CA. The certified results from the November 2014 election show a 2-vote margin between the John McCann (R) and Steve Padilla (D) in a race with some 37,000 ballots cast. McCann has been certified as the "winner".

Trouble is, according to the lawsuit [PDF], at least 15 mail-in and provisional ballots were rejected, even though the signatures on them matched the signatures from the voters' registrations on file. That, argues attorney John S. Moot (my guest this week, and a former Chula Vista City Council Member himself), is in violation of the law.

The other trouble is, those ballots were rejected by San Diego County Registrar Michael Vu, who was the infamous Election Director of Cuyahoga County, Ohio's most populist (and most Democratic) county during the 2004 Presidential election, when two of his immediate subordinates were indicted and found guilty of rigging the Presidential "recount" in Cuyahoga. Yes, if you didn't know or don't remember, there was a partial "recount" of that election, across the entire Buckeye State, as requested by the Green and Libertarian Parties. And, yes, it was found to have been rigged in a court of law.

Vu, who was protected at the time by the Republicans who ran the Cuyahoga Election Board, was never charged and was happily hired not long thereafter by San Diego County, where elections have been little more than a joke for many years, even before Vu got there.

For the full story on this, listen to this week's show and Moot's commentary on the suit he's filed on behalf of his client, a long-time poll worker and voter from Chula Vista.

IN TODAY'S RADIO REPORT: CA Governor warns climate change is here, and getting very expensive; Biblical flooding in Bosnia, Serbia and Croatia; Insurance Co. sues Chicago for failing to prepare for climate change; PLUS: India's new PM pledges solar across the nation... All that and more in today's Green News Report!

IN TODAY'S RADIO REPORT: Record jump in carbon emissions on track for 5°C increase in world temps; US & China reach major climate agreement; Another court victory for Monsanto; PLUS: As California breaks new solar records, one of the state's old nuclear plant will now shut forever ... All that and more in today's Green News Report!

Today on my KPFK/Pacifica Radio show --- after breaking the news about the newly elected Pope --- I interviewed Eugene Iredale, attorney of the former San Diego ACORN worker Juan Carlos Vera who received a $100,000 settlement from Rightwing con-artist James O'Keefe last week. (Vera also received $50,000 from O'Keefe's former partner Hannah Giles in a separate settlement last summer.)

Vera's California Invasion of Privacy Act lawsuit, filed in 2010, stemmed from O'Keefe and Giles' surreptitious wiretapping of a "confidential" conversation with Vera. The conversation (during which Vera played along to learn about the duo's pretend plot to smuggle underage prostitutes into the country, so he could turn them in to law enforcement) was then deceptively edited for misleading use in the infamous ACORN "pimp" hoax tapes published by Andrew Breitbart and blatantly misreported by New York Times, et al.

Iredale discussed O'Keefe's illegalities at the center of the suit; why other ACORN workers hadn't similarly sued the three con-artists; why Breitbart was not included in Vera's suit; why he didn't also sue for defamation; whether these settlements can be seen as a "victory"; and much more.

P.S. I invited O'Keefe to join today's show to offer his side of the story (live and not deceptively edited), but last night he seems to have decided he didn't "have the guts" to show up.

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Pretend journalist and Republican activist Hannah Giles agreed to pay $50,000 to former San Diego ACORN worker Juan Carlos Vera as a part of a legal settlement struck last summer in response to an invasion of privacy lawsuit filed against her and her former partner James O'Keefe, Vera's attorney Eugene Iredale has confirmed to The BRAD BLOG.

O'Keefe and Giles' illicit taping of Vera was carried out as part of the deceptively edited series of hit videos released by the pair in 2009. The tapes were published, and paid for, by the late con-man Andrew Breitbart. Vera had been portrayed in the misleading video as having been willing to help the pair smuggle underage prostitutes into the United States across the Mexican border. In fact, Vera had played along with the duo's ridiculous proposed scheme only long enough to collect information from O'Keefe and Giles (and take their photographs), before contacting law enforcement immediately after the secretly video-taped meeting.

During the course of Vera's lawsuit, it was revealed that Breitbart, who died in March of 2012, had agreed to pay the pair some $120,000 for their hoax tapes in $5,000 monthly installments to each. O'Keefe ended up collecting $65,000 before he was terminated around the time of his CNN "Sex Boat" scandal in September of 2010. Giles' payments, on the other hand, were reduced from $5,000 month to $3,000 at some point, before being terminated for what she described, according to Vera's attorney, as "a conflict of visions".

Accordingly, Giles only ended up collecting $32,000 from Breitbart, but thanks to the settlement last Summer, she was forced to hand all of that, plus $18,000 more, over to Vera.

O'Keefe had attempted to fight for dismissal of Vera's July 2010 lawsuit but lost in court on every attempt to do so. While it took O'Keefe until this past week to see the writing on the wall and finally agree to settle with Vera, Giles was smart enough to settle her own part of the lawsuit with Vera last Summer. Giles' settlement agreement had been reported by Dave Maass of the San Diego City Beat at the time, but the conditions of that settlement and Giles' agreement to pay out $50,000 to the former ACORN worker had not been known.

Asked during his sworn deposition why he didn't attempt to confirm the false story given to him by Vera before publishing his videos tapes, O'Keefe, who still pretends to be a "journalist", explained: "I did want to follow up. I just didn't end up following up"...

Appearing on MSNBC's The Ed Show on Friday night, Eugene Iredale, the attorney for former San Diego ACORN worker Juan Carlos Vera, made short work of the chiseling claim made by federal criminal and professional liar James O'Keefe, that he had agreed to pay Vera $100,000 simply to bring to a close a "ridiculous lawsuit."

"If he wants to get out of the settlement and wants to fight us in court," Iredale told host Ed Schultz in response to O'Keefe's fundraising bluster, "we're ready any time. We can go right now!"

O'Keefe agreed last week to settle the lawsuit filed by Vera in July of 2010 against him and his partner Hannah Giles. Vera had been fired by ACORN after deceptively edited video tapes of him, secretly recorded by O'Keefe and his partner Hannah Giles, were published by Andrew Breitbart in 2009. While the edited tapes made it appear as though Vera, whose English is poor, was interested in cooperating in a scheme to smuggle underage prostitutes across the Mexican border, in reality, Vera had played along with the pair in order to gain information, including taking their photos, and then immediately notified law enforcement about the ridiculous scheme O'Keefe and Giles were proposing.

"Sadly, this is the cost of exposing the truth," he explained to his gullible fundraising base in a statement posted to his ironically named Project Veritas website late last week. "That's why so few people do it. There are liability issues inherent in undercover journalism."

Many of those paying attention to this long shameful saga would be right in responding in turn: "Um, what 'journalism'"?!

O'Keefe continued his post-settlement Twitter tantrum to describe media coverage of his settlement agreement as "lies and lies and more lies from journafascists," taunting them to "have the guts" to allow him to respond on TV.

The BRAD BLOG's Brad Friedman responded to O'Keefe in turn with an invitation to appear live with him on his KPFK/Pacfica Radio show this coming Wednesday, at which time he could, among other things, explain how deceptively edited videotapes deserve to be labeled "journalism" or why he describes Vera's complaint as "meritless accusations". O'Keefe has yet to respond to the invitation...

The case arises from the secret video taping by O'Keefe and Giles of then ACORN employee Juan Carlos Vera, as part of the deceptively edited hit videos the pair would later release on Breitbart's several propaganda websites. Vera was terminated after the release of the videos, despite having committed no wrongdoing --- he had even notified local police about the pair, after he suspected they were up to no good --- as confirmed in a detailed report by the California Attorney General last year. O'Keefe and Giles, on the other hand, as the CA AG found, most likely "violated state privacy laws." While they were given criminal immunity by the AG in exchange for the raw, unedited video tapes, they remain liable for civil violations of the that law.

Now it appears Breitbart himself may be pulled into the case, and we're likely to soon learn how much he paid O'Keefe and Giles for their hit tapes.

U.S. Magistrate Judge Mitchell D. Dembin has adjudicated a discovery dispute by ordering both O'Keefe and Giles to disclose payments Breitbart made to them, as well as email communications and other relevant documents concerning the illicit video taping of Vera.

While that is likely to offer an interesting expansion of this story soon (and we'll offer a few more details from the court's ruling below), more than anything what caught our eye in this story for the moment, was the reporting by local journalist Heather Johnson of Courthouse News. She broke the story this week, and managed to actually report accurately on the details of O'Keefe and Giles' ACORN hoax.

So, to offer you (and, actually, the New York Times) an idea of what accurate reporting on O'Keefe --- a man who has, since his ACORN con, also pled guilty to a scheme involving an attempted wire-tap plot of a sitting U.S. Senator --- looks like, just read the first three grafs of Johnson's coverage this week...

Rightwing activists and propagandists James O'Keefe and Hannah Giles, employees of con-artist and propagandist Andrew Breitbart, may not use the First Amendment as an excuse for breaking the law in California, according to a federal judge's ruling this week.

Judge M. James Lorenz rejected the defendants' argument and motion for summary judgment in federal court, as part of the civil lawsuit filed against them by former San Diego ACORN worker Juan Carlos Vera.

Giles had previously thrown O'Keefe under a bus by arguing that she should not be held accountable at all for violating California's Invasion of Privacy Act [CA Penal Code § 632], since he, not she, was actually wearing the hidden video camera used to secretly tape their conversations with Vera, even after they had asked if their meeting would be kept confidential.

For his part, O'Keefe, a convicted federal criminal, argued that he was allowed to violate the law because the U.S. Constitution's First Amendment protected him as a "journalist". The judge ruled against the defendants on all points...

[Note: SD City Beat has now corrected their story as per our criticism in this article. See the UPDATE at bottom of this article for more details.]

The story quoted below, detailing Hannah Giles' attorneys tossing Rightwing hoaxster James O'Keefe "under the bus," comes from San Diego City Beat this week.

Please note, however, that SD City Beat's Dave Maass is still, unfortunately, misleading readers by incorrectly reporting that O'Keefe played Giles' "fake pimp partner" or that he ever "pos[ed] as a pimp" in the scam video tapes featuring deceptively and "severely edited" secretly-recorded interviews with ACORN employees.

Rightwing dirty-trickster and convicted federal criminal James O'Keefe and his accomplice Hannah Giles are being sued for invasion of privacy by a San Diego ACORN worker.

Juan Carlos Vera was fired by the 4-decade old anti-poverty, pro-democracy community organization after deceptively edited and secretly recorded video tapes of a meeting Vera had with O'Keefe and Giles were released by the pair and published on Republican propagandist Andrew Breitbart's websites. The tapes were then widely aired on Fox "News", as well as non-Rightwing media outlets.

Vera is suing for at least $75,000 in accordance with California's Invasion of Privacy Act which, according to the short, four-page complaint [PDF] filed at week's end in U.S. District Court, "prohibits the recording of confidential communications without the consent of all participants where there is an objectively reasonable expectation that the conversation is not being overheard or recorded."

In April of this year, CA Attorney General Jerry Brown completed a five-month probe into O'Keefe/Giles/Breitbart's secretly-taped ACORN videos and found "no criminality" by any of the ACORN workers seen on what he described as "severely edited" tapes.

He did, however, find that O'Keefe and Giles themselves were likely to have violated California law, and could see private litigation brought against them...

A potentially interesting situation is underway in New York's 23rd Congressional district where post-election canvassing of the recent Special Election for the U.S. House is still underway.

According to Syracuse's Post-Standard, the post-election canvass shows the race between Conservative Party candidate Doug Hoffman, who conceded on Election Night, and Democratic candidate Bill Owens, who was sworn in as the district's new U.S. Congressman last Friday, to be tightening as results are double-checked, errors are being found, and a few thousand absentee ballots are still uncounted.

The race, regarded by many as a a bellwether contest before next year's full Congressional elections, appeared to have swung in the Democrat's favor on Election Night, following the suspension of the campaign of Republican candidate Dede Scozzafava who threw her support to Owens after she'd dropped out just days prior to the election.

On Election Night, Owens was reported to be the "winner" by just over 5,000 votes, with 93 percent of the votes tallied, leading to Hoffman's concession. Since then, various errors have been discovered in at least two different counties, resulting in a gain of some 2,000 votes for the Conservative Party's Hoffman, bringing the latest tally to 66,698 to 63,672. Closer, now a 3,000 vote margin, but still favoring Rep. Owens.

There were, however, some 10,200 absentee ballots requested and distributed. And, as we understand New York's state election laws, none of them have yet been counted. Many of those ballots were purportedly cast when Scozzafava was still in the race. At that time, according to Hoffman's campaign at least, they might have had an edge in the then-three-way contest. So it's possible, though believed to be a long shot, that Hoffman could gain enough votes in absentees to eclipse Owens.

This scenario --- a Congressional candidate quickly sworn in, based on unofficial results shortly after a bellwether Special Election before all votes have been properly counted --- should be a familiar one to long-time readers of The BRAD BLOG. A very similar situation occurred in the 2006 race to replace the jailed Republican Rep. Randy "Duke" Cunningham in California's 50th Congressional district.

While Republicans who stood in support of the Conservative Party's Hoffman this year --- he was endorsed by the likes of Rush Limbaugh, Sarah Palin, Glenn Beck, Michelle Malkin and the Republican Party itself (only after Scozzafava was pressured to drop out) --- are finding some cause for optimism in the still-narrowing margin. Limbaugh certainly has, at least according to his breathless reporting of the goings-on in NY-23 on his show this morning.

But the legal maneuvering and judicial precedent that the then-Republican-led House pulled in the Summer of 2006, in order to keep votes from being counted in the CA-50 Special Election and, indeed, to keep the voters of California from even being able to contest their own election, should ensure that Hoffman can no longer, legally, take possession of the House seat via any challenge in New York --- even if he's eventually found to have received more votes than Owens!...

Though I won't be there in person, the travelling Burning Fuse Film Festival hits Burlington, VT's Roxy Theater beginning today through October 1, and continues to feature Patty Sharaf's award-winning documentary, Murder, Spies & Voting Lies: The Clint Curtis Story in which I'm featured quite prominently. Remaining screenings are: Fri 9/25 @ 1:15p, Sat 9/26 @ 1:00p, Sun 9/27 @ 5:00p, Mon, 9/28 @ 7:00p and Thu 10/1 @ 3:30p. If you've yet to see it, we'll strongly recommend you check out this entertaining and enlightening (if horrifying at times) documentary, based on our own years-long investigation of the Clint Curtis/Tom Feeney vote-rigging scandal. More details on screenings and passes available here...

(NOTE: If you're not near Burlington, or even if you are, but would like to support our work, we are still offering DVD's of the film, as signed by both myself and Sharaf, as premiums to supporters of The BRAD BLOG. We enjoy no corporate or foundational funding, so we appreciate whatever you are able to offer to help us continue our work. See this item for details...)

Any job applicant knows that background checks are routine – especially for jobs involving authority or oversight of money. So why didn’t the San Diego Republican Party do a simple Google search before naming Tony Krvaric as its chairman?

...Or did they?...

Online research reveals that Krvaric is the co-founder of Fairlight, a band of software crackers which later evolved into an international video and software piracy group that law enforcement authorities say is among the world’s largest such crime rings.

...Well, go figure.

That skill set should come in very handy down there in, of all places, San Diego, where the far-right Republican Board of Supes, and the far-right Republican Registrar of Voters office, have never met a hackable Diebold electronic voting system they didn't love.

I recall "Strider" (Krvaric) and the "Fairlight" boyz from my own C-64 and BBS "warez" swapping days in the late 80's. Those guys, and the other incredibly competitive pirate crews, could crack anything, anytime, usually within minutes after a new piece of software hit the market (and often, even before it did!).

But no doubt, the air-tight, mission-critical, impenetrablesecurity in Diebold's voting systems would be beyond the reach of d00dz like Strider and friends. And, of course, there's far more to gain by a 17-year-old "Strider" cracking the codes of, say, International Karate Plus and Shoot 'em Up Construction Kit than there ever would be for him, as county GOP chair, to hack an election in San Diego, right? I mean, what would possibly be the upside to that?

Prices now slashed in The BRAD BLOG's Fund Drive! Please support our continuing coverage of your election system, as found nowhere else. Click here for a number of cool new collector's edition Premium products now available starting at just $5!

After virtually ignoring the issue for some six straight years, our hometown newspaper, The Los Angeles Times, has run a two-part, 2,800-word "series" on concerns about voting machines, right on schedule, just in time to do absolutely no good at all before next week's upcoming Tsunami Tuesday election in the state. Waytago, LATimes!

The series reports absolutely nothing that has not already been reported over the last several years here at The BRAD BLOG, which is why the LATimes folks makes the big bucks and we don't.

They do, however, include an important point at the very end of the second article, in quoting from one of the country's most notable long-time voting machine apologists, Kimball Brace...